Opinion
21-cv-12964
11-09-2022
VB CHESANING LLC, d/b/a High Life Farms, Plaintiff, v. GHS INDUSTRIES, INC., et al., Defendants.
ORDER GRANTING DEFENDANT ADVANTECH BAKERY TECHNOLOGY, LLC'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (ECF NO. 24) AND DENYING DEFENDANT GHS INDUSTRIES, INC.'S MOTION TO DISMISS (ECF NO. 23)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
In this action, Plaintiff VB Chesaning LLC alleges that Defendants Advantech Bakery Technology, LLC (“Advantech”) and GHS Industries, Inc. (“GHS”) failed “to deliver and install vital hemp processing equipment despite the parties' agreed-upon and time-sensitive deadline of September 2021.” (Am. Compl., ECF No. 22, PageID.110.) On April 13, 2022, Advantech filed a motion to dismiss on the grounds that, among other things, the Court lacks personal jurisdiction over it (Advantech). (See Advantech Mot., ECF No. 24.) On the same day, GHS filed a motion to dismiss for failure to state a claim. (See GHS Mot., ECF No. 23.) The Court held an on-the-record hearing on both motions over video conferencing on November 8, 2022. For the reasons stated on the record during the hearing, (1) Advantech's motion to dismiss for lack of personal jurisdiction (ECF No. 24) is GRANTED, (2) the claims against Advantech are DISMISSED WITHOUT PREJUDICE, and (3) GHS's motion to dismiss (ECF No. 23) is DENIED.
Advantech sought dismissal on additional grounds, but the Court does not reach those grounds because it lacks personal jurisdiction over Advantech.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on November 9, 2022, by electronic means and/or ordinary mail.
Holly A. Ryan Case Manager